California Vehicle Codes

August 12, 2007

Welcome to Myrons Mopeds – Moped Laws - California (each state and country is different).

There has been confusion throughout the state of California ever since 1996 about the moped laws. Most people think you don’t need a license, if it’s under 50cc and has pedals. The confusion comes from the dual definition of motorized bicycle, which came out in 1996. In the 1970′s when mopeds came to the USA, you did not need a license. Ever since about 1981 you have needed a drivers license on a moped. Since 1989 it’s been a motorcycle class license. Since 1996, 20mph 1kw electric mopeds don’t need a license. Since 2000, motorized scooter laws came out. California has more motorbike and oddball vehicle laws than most states. See the Classification of Motorbikes sheet below for pictures and summarized laws.

In a nutshell, the California laws for mopeds are the same as motorcycles, except for the motorized bicycle license plate. The requirements are M2 or M1 drivers license or permit, liability insurance, helmet, moped license plate, plus street legal lighting and safety equipment.

The confusing statement about this is still the same, since 1996, in the current California Motorcycle Drivers Handbook. Here it is, word for word.

A Vehicle Code VC 406(a) defines a motorized bicycle, commonly called a moped, as a two- or three-wheeled vehicle which can temporarily be propelled by pedals or an electric motor. An automatic transmission connects the wheels to an engine which produces less than 2 gross brake horsepower. It has a top speed of 30 miles per hour on level ground.
 
Starting in January 1996, a motorized bicycle is also defined, VC 406(b) as a device which has fully operative pedals for human propulsion and has an electric motor with an output of nor more than 1000 watts and cannot be driven at a speed more than 20 mph on level ground. The motorized bicycle cannot go faster than 20 mph even if assisted with human power. These vehicles must operate so the electric motor is dissengaged when the brakes are applied or when the starter switch or mechanism is released.
 
Persons who operate a motorized bicycle which meets the definition of VC 406(b):
- must wear a properly fitted and fastened bicycle helmet.
- are exempt from the motor vehicle financial responsibility, drivers license, and license plate requirements.
- must be 16 years of age or older.
 
A motorized bicycle may not be driven on a freeway, bicycle path or trail, equestrian trail, or hiking or recreation trail unless the path or trail is on, or next to, a roadway, or permission to use the trail is granted by local ordinance. A motorized bicycle may be driven in a bicycle lane on a roadway at a reasonable speed and with special care for bicyclists using the lane.
 

It says 406(b) doesn’t need a license but it doesn’t say whether or not 406(a) does. This bad wording is the source of the confusion. There is nothing incorrect. Notice that, since about 2000, there’s no 49cc size limit anymore, only speed 30mph and power 2hp. So the Whizzer 120cc motorized bicycle is also a moped. Notice also that a moped 406(a) doesn’t need pedals if it’s electric powered.

Each law is listed below with a summary explanation. Click on the links to see the actual vehicle codes.

California Vehicle Codes – Moped Related

Compiled from the 2010 California Vehicle Code by Shaun Strahm, Myrons Mopeds, Fullerton CA  714-992-5592

Definitions:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=00001-01000&file=100-680

313 Electric Personal Assistive Mobility Device (EPAMD): 2 wheels side by side, 12.5mph max (Segway).

400 Motorcycle: any motor vehicle with 2 or 3 wheels, a seat, and weighs under 1500lbs.

405  Motor-Driven Cycle: any motorcycle less than 150cc, but not a motorized bicycle.

406(a) Motorized Bicycle: 2 or 3 wheels, pedals & gasoline motor, or no pedals & electric, under 2hp, under 30mph.

406(b) Motorized Bicycle: 2 or 3 wheels, pedals & electric motor, under 1kw, under 20mph.

407 Motorized Tricycle or Quadricycle: 3 or 4 wheels, gasoline motor, under 2hp, under 30mph.

407.5 Motorized Scooter: 2 wheels, handlebars, designed to be stood upon, and is not 313, 400, 405, 406, or HSC108550.

415 Motor Vehicle: any vehicle that is self-propelled. Exceptions: Motorized wheelchairs, motorized tricycles, and motorized quadricycles are not motor vehicles when driven by disabled persons or senior citizens who are unable to walk. A toy, HSC 108550, is also not a motor vehicle.

467(a)  Pedestrian: a person who is afoot or (1) propelled by human power, other than a bicycle, or (2) an electric personal assistive mobility device (EPAMD).

467(b)  Pedestrian also includes a person who has difficulty walking and is operating a motorized wheelchair or motorized tricycle.

Motorized Bicycles (Mopeds) CVC 406(a):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=03001-04000&file=4000-4023

4020 Motorized bicycles are exempt from registration.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=05001-06000&file=5030-5039

5030 Motorized Bicycles 406(a) (mopeds) are required to have a special license plate.

5031 Application Form contents

5032 5-Day grace period (retail sale)

5033 Can apply by mail

5034 Special dealer license plate

5035 10-Day grace period (transfer)

5036  Service Fee of $5

5037  License plate required after 1981

5038 DMV keeps records of stolen mopeds

5039  Moped dealer not required to be licensed

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=24000-24018

24015 Mopeds must have headlamp, tail lamp, stop lamp, reflectors, mirror, horn & muffler.

23135  Unlawful to drive a modified moped

24015(c) Equipment required on motor-driven cycles & motorcycles does not apply to mopeds

Drivers License Laws:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=12001-13000&file=12500-12527

12500  Unlawful to drive a motor vehicle, motorcycle, or motorized bicycle unless licensed.

12501  Government employees, farm workers, off-highway vehicles don’t need a license.

12502 A nonresident may operste a motor vehicle with a license from their home jurisdiction.

12503 An adult nonresident whose home state or country does not require a drivers license may operate a motor vehicle owned by him without a license for a period of 30 days.

12509(a) Instruction Permit Requirements: must be over age 15 and either is taking or has completed both driver education and driver training, or must be over age 17 ½.

12509(b)  Instruction Permits are valid for no more than one year (12 months).

12509(c) For cars, must be with a person over 18 with valid license in the front seat.

12509(d) For motorcycles and mopeds, must not carry a passenger or drive at night or on freeways.

12513 Special Junior Permit Drivers License for persons over age 14:

12513(a) Only issued when there is absolutely no other means of transportation to and from school.

12514 The Junior Permit can last until age 18, but is revoked if violations occur.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=12001-13000&file=12800-12819

12804.9  Drivers License Classes: A(big rig), B(bus), C(car), M1(motorcycle), M2(moped)

12804.9(b)(4)  Class M1: 2-wheeled Motorcycles, Motor-driven Cycles, Motorized Bicycles 406(a)

12804.9(b)(5)  Class M2: 2 or 3-wheeled Motorized Bicycles 406(a)

12804.9(g) M1& M2 driving test not required if you complete the motorcycle safety class.

12804.9(h)  Any licensed driver may operate a short-term rental moped without an M2 endorsement.

12804.9(i) Under 21 must complete the motorcycle safety class to get an M1 or M2 license.

12814.6 Special Drivers License for persons under 18: Requirements and Restrictions.

12814.6(a)(3)  Must have had an Instruction Permit for 6 months.

12814.6(a)(4to5)  Must have completed drivers education, drivers training, and 50 hours of practice driving.

12814.6(a)(8)(A)  First 6 months: Must not drive between 12am and 5am or with anyone under 20 years old unless accompanied by a licensed driver over 25.

12814.6(a)(8)(B)  Second 6 months: Must notdrive between 12am and 5am unless with a driver over 25.

12814.6(f) A police officer cannot stop a vehicle only to check for  12814.6(a)(8)(A)or(B) violation.

Insurance:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=16001-17000&file=16020-16033

16020 Financial Responsibility (Insurance) required on all motor vehicles.

Bicycles:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21200-21212

21200 Bicycles driven on public streets are subject to same laws as motor vehicles.

21200.5 Unlawful to drive a bicycle while under the influence of alcohol or drugs.

21201(a)  Bicycles must have a rear brake that can skid the tire on dry pavement.

21201(b)  Bicycle handlebars must be below the level of the operator’s shoulders.

21201(c)  Bicycle size must be small enough to stop with at least one foot on the ground.

21201(d)  Bicycles at night must have headlight, rear reflector, pedal and side reflectors.

21201.5  Unlawful to sell a bicycle without reflectors.

21202  Bicycles must stay on the far right of the road way unless it’s unsafe to to so.

21203  Unlawful to hitch rides on another vehicle..

21204  Unlawful to ride a bicycle in any position other than astride a permanent seat.

21205  Unlawful to carry an object that prevents keeping at least one hand on the handlebar.

Bike Paths and Sidewalks:

21206  Local authorities may regulate the operation of bicycles on sidewalks.

21207  Local authorities may establish bicycle paths that are separate from roadways.

21207.5  Motorized bicycles not allowed on bicycle paths unless local authority permits.

21208  When a bicycle lane is alongside a roadway bicycles must ride in it.

21209  Motor vehicles are not allowed in bicycle lanes.

21210  Unlawful to park a bicycle on the sidewalk in a way that blocks pedestrian traffic.

21211  Unlawful for a pedestrian or a vehicle to block a bicycle path.

21212 Persons under 18 years old must wear a bicycle helmet when operating a bicycle.

Motorized Scooters CVC 407.5:

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

21220 Intent of the Legislature

21221 Same responsibilities as motor vehicles, accident reporting, obeying officers, parking, etc.

21221.5 Can’t drive under the influence

21223 At night must have headlight and reflectors

21224 Insurance and registration not required

21225 Local authority may require registration

21227 Motor must cease to function when throttle is released

21228 Must stay to the right except to pass or avoid hazards

21228 When making a left turn, must stop, dismount, and cross the road as a pedestrian

21229 Must stay in bicycle lane if the roadway has one

21230 May drive on bike trails, unless local authority prohibits.

21235(a) Can’t drive without brakes

21235(b) Can’t drive on streets above 25mph unless in a bicycle lane

21235(c) Must wear a bicycle helmet, properly fastened.

21235(d) Must have a valid drivers license or permit.

21235(e) Can’t carry passengers

21235(f) Must have at least one hand on handlebar

21235(g) Can’t drive on the sidewalk

21235(h) Can’t have handlebars higher than shoulders

21235(i) Can’t park on the sidewalk

21235(j) Can’t hitch a ride on another vehicle

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=22001-23000&file=22400-22413

22411 Can’t drive over 15mph

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21650-21664

21663  Unlawful to operate or move a motor vehicle on the sidewalk, except electric carts used by postal workers, electric wheelchairs and motorized tricycles used by disabled and elderly.

Golf Carts, Bike Lanes, Freeways, Roller Skates, Misc:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21100-21117

21100.4  Local authorities may regulate electric carts used by postal workers on the sidewalk.

21114.5  Local authorities may allow electric carts on the sidewalk, when operated by postal workers, disabled persons, or persons over 50 years old.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21700-21721

21716 Golf Carts may be driven on streets with a 25mph or less speed limit.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21949-21971

21960 Local authorities may regulate freeway access to pedestrians, bicycles, and motor-driven cycles

21966  Pedestrians not allowed to walk in bicycle lanes when there is a sidewalk next to it.

21967  Local authorities may regulate the operation of skateboards on streets and sidewalks.

21968  Unlawful to operate a motorized skateboard on any street, bike lane, or sidewalk.

21969  Local authorities may regulate the operation of roller skates on streets and sidewalks.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=23100-23135

23130.5  Noise limits: big trucks 82dbA, motorcycles 77dbA, all other motor vehicles 74dbA.

Electric Motorized Bicycles CVC 406(b):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=23001-24000&file=24000-24018

24016  Special Requirements & Exemptions for Electric Motorized Bicycles 406(b)

24016(a)(1) Must meet same federal safety standards as for bicycles.

24016(b)(2) Motor must cease to operate either when brakes are applied or switch is released.

24016(b)(1) Operator must wear a bicycle helmet.

24016(b)(2) Must obey the same traffic laws as motor vehicles, same DUI laws as bicycles.

24016(b)(3) Don’t need drivers license, insurance, or registration. 406(b) is not a motor vehicle.

24016(b)(4) Operator must be over 16 years of age

24016(c) Unlawful to modify a motorized bicycle 406(b) to increase it’s speed.

Motorcycle Equipment:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=24001-25000&file=24950-24953

24951(b)(4)  Turn signals required on motorcycles and motor-driven cycles made after 1973.

25650 Motorcycle headlights, 1 or 2, must be on at night.

25650.5  Motorcycles made after 1978, headlights, 1 or 2, must be on all the time.

25651 Motor-driven cycle headlights

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=26001-27000&file=26700-26712

26709  Mirrors required:1 on motorcycles, 2 on cars, must have clear view of what’s behind.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27150-27159

27150 All motor vehicles must have an adequate muffler.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27800-27803

27800 Unlawful to carry a passenger on a motorcycle or motorized bicycle unless it’s equipped with a passenger seat and passenger footrests.

27801(a)  Unlawful to drive a two-wheel motorcycle with a seat height that prevents the driver’s feet from reaching the ground when astride the seat,

27801(b)  or with handlebars higher than the level of the driver’s shoulders.

27802  Motorcycle helmets must meet federal standards and be approved.

27803(a) Drivers and passengers of motorcycles and motorized bicycles must wear helmets.

Other Policies:

Persons who have had their drivers license suspended because of a DUI, or revoked because of poor vision or a medical condition such as epilepsy, are sometimes granted an M2-Only driving permit, to-and-from work or school only. The person must be in otherwise good standing for this exception.

Sometimes mopeds are allowed on certain freeways. Every freeway on-ramp has a sign that says “Pedestrians, Bicycles, Motor-Driven Cycles Prohibited”. But on certain stretches where there are no parallel surface roads, bicyclists have lobbied to have the signs removed, or sometimes just the word “Bicycles” blanked out. Wherever they allow bicycles on, there’s always a sign later that says “Bicycles Must Exit”. Local examples are I5 through Camp Pendleton (bicycles only not mopeds), between San Clemente and Oceanside, I15 through the Cajon Pass, from Cleghorn Rd to Hwy 138, I15 through Rancho Bernardo at Lake Hodges. Through ths Santa Ana River corridor along the 91 Freeway there’s a 2 mile strip of bike path, from Green River Rd to Gypsum Canyon. See Laws/Caltrans Policies for how light motorcycles are unfairly prohibited on these and other corridors. Long distance bicycling guide books are a good source of information. So is CABO, California Accociation of Bicycling Organizations website.

 


Caltrans Policies on Transportation Corridors

August 11, 2007

So. Cal. moped riders: please scroll down and “sign” the petition to allow mopeds on the 91 fwy bike trail.

Caltrans is the name of the California Department of Transportation. They build and maintain California’s highways and put up the signs and traffic signals, according to the United States rules and guidelines. Below are some US highway access signs, from the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration (FHWA), Department of Transportation (DOT).

Above, more US highway access signs. Sign, sign, everywhere a sign… Is that a good sign or a bad sign?

There are several transportation corridors in So. Cal. that unfairly prohibit motor-driven cycles. They all have a natural feature, usually a mountain range or a body of water, that limits the choice of roads.

1. 91 Freeway/bike path connecting Anaheim with Corona:

The two mile strip of bike path, shown in the header above every page, along the 91 Riverside Freeway between Gypsum Canyon Road on the west and Green River Road on the east is the only way through the Santa Ana Canyon Corridor, besides the freeway. The freeway is posted “Pedestrians, Bicycles, Motor-driven Cycles Prohibited“. 

Left, the Gypsum Canyon bridge over the Santa Ana River has this bike path next to the Featherly Park entrance. To go east you enter going west here. It loops under the bridge. Right, the end of Green River Road at county line. There were no signs when this photo was taken.

As you can see, the bike path used to be not well posted, but now is posted with signs on both ends saying “No Motor Vehicles – OCCO 2-5-29G. Here is the ordinance, Orange County Code of Ordinances:

Unauthorized Motor Vehicles. No person shall operate an unauthorized motor vehicle: Four-wheel drive vehicle, motorcycle, motor bike, motor dirt bike, all-terrain vehicle, off highway vehicle or any other motorized vehicle within any County owned, managed, or controlled reserve area, habitat sensitive area, wilderness area, natural area, open space area, undeveloped area, beach front area, turf area, or within river beds, stream beds, creek beds, wash areas, wetland areas, or recreational area trails.

For the purpose of subsection (g), “unauthorized motor vehicle” means any motorized vehicle that is driven upon said areas without written permission of the Director or his/her agents. This subsection does not apply to the operation of any publicly owned vehicle operated by a local, state or federal government agency, or by an authorized vehicle.

This means motor driven cycles can not legally travel east from south Los Angeles to Riverside, without going way, way around. This is wrong.

2. 15 Freeway/between Escondido & Rancho Bernardo:

North San Diego County bicyclists must ride on Interstate 15 for 1 mile, across Lake Hodges, near Escondido. But motor driven cycles and pedestrians must go 28 miles out of their way to get across the San Pasqual Valley. 28 compared to 1 is extremely unfair. 

Left, northbound I-15 on ramp from Pomerado Rd. The word “bicycles” is blanked out. Right, southbound I-15 on ramp from Via Rancho Pkwy. The sign says “Pedestrians and Motor Driven Cycles Prohibited”. Both of these signs should be removed completely.

3. 5 Freeway/bike path between San Clemente and Oceanside

Travelling north on Interstate 5 in North San Diego County, north of Oceanside, is Camp Pendleton US Marine Corps base, occupying 18 miles of coastline and extending 8 miles inland. There are no frontage roads, other than the old Hwy 101 fragments that are for bicycles only. However, motor driven cycles are allowed on the 5 from Oceanside Harbor Blvd north to Las Pulgas Rd. From there they must enter Camp Pendleton (which has additional rules for motorcyclists). Las Pulgas connects to Basilone then to San Mateo and out the gate at the end of Los Christianitos in San Clemente, South Orange County.

Left, I-5 northbound on ramp from Oceanside Harbor Drive. The sign says “Pedestrians Prohibited”.

Right, I-5 northbound at Las Pulgas exit. The sign says “Bicycles and Motor Driven Cycles Must Exit”. This is what we want: bicycles and motor-driven cycles both allowed through when it is safe and there is no other way. 

Travelling southbound on Interstate 5 from Los Angeles to San Diego, CA, at Los Christianitos Road in San Clemente, light motorcycles are prohibited from the 5 freeway and from the San Mateo Creek State Park bicycle path. They are forced to turn inland and go through Camp Pendleton, eventually coming out at Las Pulgas Rd. From there to Oceanside Harbor Drive, light motorcycles are allowed on the 5 freeway.

To get from San Clemente to Oceanside, there is a 3 way split. At right is the San Mateo Creek State Beach bike path where surfers walk to “Trestles”, where bicycles must go. The path goes to San Onofre State Beach, then enters Camp Pendleton by following old Hwy 101, crosses inland under I-5 and emerges at Las Pulgas Rd. At center is the I-5 on ramp that says “No Pedestrians Bicycles Motor Driven Cycles”, where cars and motorcycles must go. At left is Los Christianitos Rd that goes to the gate of Camp Pendleton, where motor driven cycles must go.   

4. 75 Freeway/Coronado Bridge across San Diego Bay

Even bicyclists are not allowed on this scenic short cut to the Coronado Penninsula. If you are walking, riding a bicycle or light motorcycle, you have to go 18 miles around the long San Diego Bay instead of 1 mile over the bridge. Most traffic there is for the Naval Base Coronado. 

With big bridges like this one, it is common practice to prohibit pedestrians, bicycles, and motor-driven cycles. The main reason is bridges do not have shoulders or wide right lanes like roads do. Here they have a problem with suicides – people jumping off. There are signs asking motorists to report possible suicides. Anyone who stops and gets out of their car is reported to 911.

5. 15 Freeway/Cajon Pass Cleghorn Rd to Hwy 138 

Here the frontage road does not go through. The railroad mainlines, the broken up terrain of the San Andreas Fault, and the summit of the pass, all limit access through here. Fortunately, the California Highway Patrol (CHP) has stated that motor-driven cycles and bicycles are allowed, only on this 1 mile stretch of 15 Freeway. Sure enough, the images below show the “Pedestrians Bicycles Motor-driven Cycles Prohibited” signs are not anywhere to be seen. This is what we want: more light motorcycle access.

 

Left, southbound I15 on ramp at westbound Hwy 138, Cajon Pass. Nothing is prohibited there. Right, southbound I15 on ramp at eastbound Hwy 138. Nothing is prohibited there.

Prohibiting light motorcycles violates Caltrans Policies:

Fortunately, there exists policies already in place that apply here. In the Caltrans Highway Design Manual, located at www.dot.ca.gov/hq/oppd/hdm/hdmtoc.htm, in Chapter 31 – Nonmotorized Transportation FacilitiesSection 2 - Application, Article 1 – Routes Severed by Freeways, it says:

Preserving Existing Nonmotorized Capabilities. Section 888 of the Streets and Highways (S&H) Code states that Caltrans will not construct a State highway or freeway that will result in the severance or destruction of an existing major route for nonmotorized traffic and light motorcycles unless it provides a reasonable, safe, and convenient alternate route or unless such a route already exists.

A “light motorcycle”, as used in the above context, is defined as a motor-driven cycle or a motorized bicycle, both of which are defined in Sections 405 and 406 of the Vehicle Code.

 

Types of Existing Major Routes

An existing major route for nonmotorized traffic may be any of the following:

  • Conventional highway or expressway
  • Sidewalk on a conventional highway: The sidewalk may be principally for pedestrian use but may also be used by bicyclists when permitted by local ordinance.
  • Freeway shoulder on which bicycle traffic is permitted in accordance with Vehicle Code Section 21960, and for which no reasonable, safe, or convenient alternate route is available.
  • Path within the freeway right of way
  • Path outside the freeway right of way
  • Path outside of the roadway

Alternative Routes

A reasonable, safe, and convenient alternate route can consist of a system of local routes or State highways. the alternate route should not consist of significant out-of-direction travel, additional grades of significant length or slope, or high-volume routes with narrow shoulders.

Proposals After Freeway Construction

Pursuant to Section 888 of the S&H Code, nonmotorized facilities proposed after a freeway has been constructed do not qualify as an “alternate route’ for a severed or destroyed nonmotorized route. Instead, such facilities are to be developed as a cooperative project under the provisions of Sections 887.6 and 888.2 of the S&H Code.

The intent of Caltrans is to provide a route for light motorcycles. In practice, light motorcycles get overlooked, because they are a minority compared to automobiles, motorcycles, and bicycles.

Here is more from Caltrans Highway Design Manual, located at www.dot.ca.gov/hq/oppd/hdm/hdmtoc.htm, in Chapter 100 – Basic Design Policies, Topic 116 – Bicyclists and Pedestrians on Freeways:

116.1 General

Seldom is a freeway shoulder open to bicycle, pedestrian, or other non-motorized travel, but they can be opened for use if certain criteria assessing the safety and convenience of the freeway, as compared with available alternate routes, is met. However, a freeway should not be opened to bicycle or pedestrian use if it is determined to be incompatible. The Headquarters traffic Liason and the Design Coordinator must approve any proposals to open freeways to bicyclists, pedestrian or other non-motorized use. See the California MUTCD and CVC Section 21960.

When a new freeway segment is to remain open or existing freeway segment is to be reopened to these modes, it is necessary to evaluate the freeway features for their compatibility with safe and efficient travel, including:

  • Shoulder widths
  • Drainage grates; see Index 1003.5(2)
  • Expansion joints
  • Utility access covers on shoulders
  • Frequency and spacing of entrance/exit ramps
  • Multiple-lane entrance/exit ramps
  • Traffic volumes on entrance/exit ramps and on lanes merging into exit ramps
  • Sight distance at entrance/exit ramps
  • Freeway to freeway interchanges
  • The presence and design of rumble strips
  • Longitudinal edges and joints

If a freeway segment has no suitable non-freeway alternative and is closed because certain features are considered incompatible, the feasibility of eliminating or reducing the incompatible features should be evaluated. this evaluation may include removal, redesign, replacement, relocation, or retrofitting of the incompatible feature, or installation of signing, pavement markings, or other traffic control devices.

When no reasonable, convenient, and safe non-freeway alternative exists within a freeway corridor, the Department should coordinate with local agencies to develop new routes, improve existing routes or provide parallel bicycle and pedestrian facilities within or adjacent to the freeway right of way. See Project Development Procedures Manual Chapter 1, Article 3 (Regional and System Planning) and Chapter 31 (Non-motorized Transportation Facilities) for discussion of the development of non-freeway transportation alternatives.

Here is the California Vehicle Code 21960, about who can be on freeways:

Freeways and Expressways: Use Restrictions

21960. (a) The (California) Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of freeways, expressways, or any portion thereof by pedestrians, bicycles, or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. A prohibition or restriction pertaining to bicycles, motor-driven cycles, or motorized scooters shall be deemed to include motorized bicycles; and no person may operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any provisions of any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available.

(b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. if any portion of a county freeway or expressway is contained withinc the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code.

(c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance has been presented to, and approved in writing by, the Department of Transportation.

(d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian.

  The Santa Ana River Trail at 91 Fwy Corridor

Above, the first time Myrons Mopeds had a group ride through the corridor was December 2004. The lower right photo is of the eastern end of the bike path. You can clearly see there was no sign there at all. Now it’s June 2012, a big construction zone, as they move over the at-times-mighty Santa Ana River to make room for widening of the freeway. That will help the dreaded “Corona Crawl”. Now’s a good time, if it’s not too late, to get some of the Caltrans planners to remember that there are also light motorcycles who need to get through those millions of space and resource wasteful single occupant automobiles clogging the freeways. They should encourage us to ride smaller, slower motorcycles for many reasons, all of which are good for society. Crash a moped on your 25 mph residential street and it might cost $100 and some scraped skin. Crash a big fast bike at 80 mph on the freeway and watch the medical bills shoot up to $100,000, or 1000 times as much. Small slow bikes are safer. They save gas. They make less CO2. They take up less space. They should not be overlooked, but rather encouraged, like a “high-occupancy vehicle (HOV) lane encourages ride sharing, supposedly. A 120 lb moped carrying a 200 lb rider is, pound for pound, extremely high occupancy, equivalent to 30 people (6000 lb) sharing a 3600 lb vehicle. The moped should be rewarded and encouraged with that in mind.

 Getting Caltrans to allow motor-driven cycles on the freeway there is prevented by the 241 Toll Road connector ramps that merge into the 91 just east of the Gypsum Canyon on/off ramps. They would not want to let 30mph bikes merge with 70mph autos. They would have to build little underpasses to let the slow moving light motorcycles not cross the faster regular traffic, that often hits 70 and 80mph. On the other hand, getting the thousands of recreational bicyclists and campers at Canyon RV Park to let a few dozen small motorcycles (too small for freeway) share their beloved non-motorized scenic path will not be easy. The same way that physically handicapped people got all the sidewalks re-sloped and rubberized for wheel chairs and power chairs, even though they’re a very small minority, us “light motorcycle” users should be able to get through these corridors, because it’s unfair to prohibit us! We need to get to work everyday or travel across country sometimes too. Not everyone drives a car, just like not everyone can step up and down curbs. 99% of us can, but about 1% can not.      


Petition for Allowing Mopeds on 2-mile Section of Bike Trail

August 10, 2007

For all the background leading up to this, see Laws/Caltrans Policies.

 

Above, a feature page from the Orange County Register, June 2012, about the Santa Ana River Trail. It shows, at top right, the section between Gypsum Canyon Rd and Green River Rd as being open to motorized bicycles since 1980 “to facilitate commuting”.

Want to help? Sign this petition. Get a bunch of moped riding friends to sign it. It will be shown to Caltrans, Orange County Transportation Authority (OCTA), and the Santa Ana River Trail Association of Mayors, and perhaps other authorities. Thank you for your support of mopeds and light motorcycles!

[emailpetition id="1"]
 
Here is a paper petition you can print out and get your friends to sign, and then mail back to Myrons Mopeds. Any number of signatures is appreciated. Click to enlarge. To print, right click, then select Print Picture.
 
 
 
 


California Motor Vehicle Pollution Laws

August 5, 2007

In California, motor vehicle air pollution laws are in the California Code of Regulations (CCR).  It says any street motorcycle with a 49cc or under engine is exempt from California Exhaust Emission Standards.

 

13 CCR § 1958 Exhaust Emissions – Motorcycles

Cal. Admin. Code tit. 13, § 1958

Barclays Official California Code of Regulations Currentness

Title 13. Motor Vehicles

Division 3. Air Resources Board

Chapter 1. Motor Vehicle Pollution Control Devices

Article 2. Approval of Motor Vehicle Pollution Control Devices (New Vehicles) (Refs & Annos)
§ 1958. Exhaust Emission Standards and Test Procedures – Motorcycles and Motorcycle Engines Manufactured on or After January 1, 1978.

(a) This section shall be applicable to motorcycles, motorcycle engines, and the manufacturers of either motorcycles or motorcycle engines produced on or after January 1, 1978. Motorcycles and motorcycle engines are excluded from the requirements of this section if:

(1) The engine displacement is less than 50 cubic centimeters, or

(2) An 80 kilogram (176 pound) driver cannot

(A) start from a dead stop using only the engine, or

(B) exceed a maximum speed of 40 kilometers per hour (24.9 miles per hour) on a level paved surface.

(b) Exhaust emissions from new street-use motorcycles and motorcycle engines, subject to registration and sold and registered in this state, shall not exceed:

Table of Standards

  Engine Exhaust Emission Standards (g/km)  
Model-Year Displacement Hydrocarbon (HC) Carbon
  (in cubic centimeters) + Oxides of Nitrogen (NOx) Monoxide
================ =================== ============================ ========
1978 through 1979 50 to less than 170 5.0 (HC only) 17
  170 to less than 750 5.0+0.0155(D-170)  (HC only) 17
  750 or greater 14 (HC only) 17
1980 through 1981 All (50 cc or larger) 5.0 (HC only) 17
1982 and later 50 cc to 279 cc 1.0 (HC only) 12
1982 – 2/28/1985 280cc or greater 2.5 (HC only) 12
3/1/1985 – 1987 280cc or greater 1.4 (HC only), as a corp. avg. 12
1988 through 2003 280cc to 699cc 1.0 (HC only), as a corp. avg. 12
1988 through 2003 700cc or greater 1.4 (HC only), as a corp. avg. 12
2004 through 2007 280cc or greater 1.4 (HC+NOx), as a corp avg 12
2008 and later 280cc or greater 0.8 (HC+NOx), as a corp avg 12

Find out more about the California Motor Vehicle Pollution Laws »


United States Motor Vehicle Pollution Laws

August 5, 2007

In the US, the Environmental Protection Agency (EPA), Office of Transportation and Air Quality (OTAQ), has limits for motor vehicle emissions. There are exhaust emissions limits and there are evaporative emissions limits. Below is a excerpt from the EPA Regulatory Announcement of Dec 2003:

EPA Finalizes Emission Standards for New Highway Motorcycles - December 2003

The U.S. Environmental Protection Agency (EPA) is adopting more stringent emission standards for new highway motorcycles. Under the current standards, which are over 20 years old, today’s motorcycles produce more harmful emissions per mile than a car or even a large sport utility vehicle (SUV). These new standards will reduce the combined hydrocarbon and nitrogen oxide emissions in the exhaust by 50 percent as well as the harmful health effects of mobile source air toxics.

Final Rule Highlights

EPA has been working to reduce emissions from motor vehicles for over thirty years, including emissions standards for highway motorcycles that we adopted in 1978. In this final rule, EPA is adopting new emission standards for exhaust and evaporative emissions from highway motorcycles. The standards are based on comparable requirements adopted in California. The final rule extends the California requirements nationwide two years after they initially take effect in California. In addition to updating exhaust emission standards for currently regulated motorcycles, the new emission standards will include previously unregulated motorcycles with engines of less than 50 cubic centimeters displacement (scooters and mopeds). We are also adopting new evaporative emission standards to control the loss of gasoline (described as “permeation”) through the walls of fuel hoses and fuel tanks. The permeation standards apply to all classes of highway motorcycles.

Before 2006 model year, Class 1 was Class 1b (50 to 169cc), Class 1a (under 50cc) was exempt. Because of the new EPA standards, most 49cc two-stroke motorcycles, scooters, and mopeds stopped being made after 2005. Tomos and only a scarce few others still make two-stroke street motorcycles, which must meet the same standards as four-stroke engines.  

Highway Motorcycle Exhaust Emission Standards

Engine Size Implementation HC HC+NOx CO
Class (cc) Date (g/km) (g/km) (g/km)
======== =========== ============ ======= ======= =======
Class 1 less than 170 2006 1.0 - 12.0
Class 2 170 to 279 2006 1.0 - 12.0
Class 3 280 and above 2006 - 1.4 12.0
Class 3 280 and above 2010 - 0.8 12.0

HC = hydrocarbons (unburned gasoline or oil), CO = carbon monoxide = poisonous odorless gas

NOx = nitrogen oxides (with water makes nitric acid, leads to acid rain)

Click here to see the real thing: http://www.epa.gov/otaq/regs/roadbike/420f03044.pdf

Consumer information from EPA about non compliant inexpensive gas scooters:

http://www.epa.gov/otaq/regs/roadbike/22-scooteralert.pdf

Click here for Frequently Asked Questions to the EPA about Motorcycle Emissions Laws:

http://www.epa.gov/otaq/regs/roadbike/420f03045.pdf

Here is an exerpt from the above link:

Would new emission standards make it illegal to customize my motorcycle?

Many motorcycle owners personalize their motorcycles. Indeed, this is one of the joys of owning a motorcycle, and owners take their freedom to customize motorcycles very seriously. We are not changing existing provisions of section 203(a) of the Clean Air Act, as established in 1977, which states that it is illegal “for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title…after such sale and delivery to the ultimate purchaser…”. In other words, owners of motor vehicles cannot legally make modifications that cause the emissions to exceed the applicable emissions standards, and they cannot remove or disable emission control devices installed by the manufacturer.

We use the term “tampering” to refer specifically to actions that are illegal under section 203 of the Clean Air Act; the term, and the prohibition, do not apply generally to the wide range of things that a motorcycle enthusiast can do to legally personalize their vehicle, only to actions that cause the emissions to exceed the standards. The new emissions standards do not change this “tampering” prohibition. In fact, it is not within EPA’s ability or discretion to change this statutory prohibition, which Congress put in place more than 20 years ago. Owners are still free generally to customize their motorcycles in any way, as long as they do not disable emission controls or cause the motorcycle to exceed the emission standards.

Highway Motorcycle Evaporative Emission Standards

Other emissions can come from the crankcase on a four-stroke engine, a result of blow-by past the rings, and from fuel that escapes into the air through permeation and evaporation, on all combustion engines.

 More to follow…

 


Tomos EPA Certification Labels

August 1, 2007

Vehicle Emission Control Information labels are required on all 49cc 2006-on US models.

More discussion to follow…

Motorcycle Noise Emission Control Information labels have been required since the early 1980′s.

Besides exhaust emissions and permeation (evaporative) emissions, there are also noise emissions limits. Noise limits have been in effect since the 1980′s. Since then it has been illegal to change the exhaust to a louder one, even though most motorcycle owners do it anyway.

Above left, 2009 Tomos LX Emission Label says 1.4 HC+NOx g/km, Engine Family: 9TOMCO.04A79

Above left, 2010 Tomos (all 6 models) Emission Label says 1.4 HC+NOx g/km, Engine Family: 8TOMCO.04A79

Above right, 2010 Tomos Noise Label says 70dbA @5415rpm.

Above left, 2011 Tomos ST Emission Label says 1.0g/km HC, 12g/km CO, Engine Family: BTOMCO.04A79

Above left, 2012 Tomos Sprint & ST Emission Label says 1.0 g/km HC, 12 g/km CO, Engine Family: CTOMCO.04A79

Above right, 2012 Tomos Noise Label, 70dbA @5415rpm. It’s been the same for many years.

 

Trans Fuel
Year Make/Model Exhaust Emission Limits Engine Family Permeation Family Oil Octane
==== = =========== =================== ============ ============== ==== ====
2006 Tomos not required ATF-A 90
2007 Tomos not required ATF-A 90
2008 Tomos ST 1.0g/km HC, 12g/km CO 8TOMCO.04A79 not required ATF-A 90
2009 Lazer 1.0g/km HC, 12g/km CO not required
2009 Tomos LX 1.4g/km HC+Nox 9TOMCO.04A79 not required ATF-A 90
2009 Tomos Smate 1.4g/km HC+Nox not required ATF-A 90
2010 Tomos Smate 1.4g/km HC+Nox 8TOMCO.04A79 not required ATF-A 90
2011 Tomos ST 1.0g/km HC, 12g/km CO BTOMCO.04A79 BTOMPMETAL 10 10W30 87
2012 Tomos ST 1.0g/km HC, 12g/km CO CTOMCO.04A79 CTOMPMETAL 10 10W30 87