Proposed Changes to the CVC

Proposed Changes to the California Vehicle Code (CVC)

for Light Electric Vehicles (LEV)

Specific CVC sections and the proposed changes

To promote zero-emission, domestically-powered, appropriately-sized electric vehicles, the Light Electric Vehicle Association recommends changes to the CVC that will simplify the rules and reduce barriers to the use of LEVs.

Create a new section to incorporate a "medium-speed vehicle".

392. (a) A "medium-speed vehicle" is a motor vehicle that meets all of the following requirements:

(1) Has four wheels.

(2) Can attain a speed, in one mile, of more than 30 miles per

hour and not more than 45 miles per hour, on a paved level surface.

(3) Has a gross vehicle weight rating of less than 3,000 pounds.

(4) Has all the safety equipment of a low-speed vehicle as specified in 49 CFR 571.500 except that Type 2 seat belt assemblies (3-point seat belts) or passive padded restraints (as used in modern roller coasters that do not touch the rider while driving) are required for each front-seat passenger.

(5) Must be equipped with a roll cage or a crush-resistant roof capable of bearing 200 pounds force applied to any one square foot of the roof area without deflecting the roof so much as to touch the head of the driver or a passenger.

(6) Must have windshield wipers that conform to 49 CFR 571.104.

(7) Must have a horn and actuating elements which shall be in such condition as to give an adequate and reliable warning signal.

(8) If electrically powered, must conform to Federal Motor Vehicle Safety Standards (FMVSS) for electrolyte spillage and electrical shock protection, as set forth in 49 CFR 571.305.

(b) (1) For the purposes of this section, a "medium-speed vehicle" is not a golf cart or a low-speed vehicle.

(2) A "medium-speed vehicle" is also known as a "city car”.

Update this section.

405. A "motor-driven cycle" is any motorcycle can attain a speed, in one mile, of more than 30 miles per hour and not more than 45 miles per hour, on a paved level surface. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406, or an electric bicycle as defined in Section 407.

Update this section.

406. A "motorized bicycle" or "moped" is any device upon which a person may ride that can attain a speed, in one mile, of more than 20 miles per hour and not more than 30 miles per hour, on a paved level surface. A motorized bicycle does not include an electric bicycle as defined in Section 407 or a low-speed electric scooter as defined in Section 407.5. Any motorized bicycle powered by an internal combustion engine shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

Replace Section 407 with new definition of electric bicycle and requirements.

407. (a) An "electric bicycle" is a device with two or three wheels that has a zero-emissions motor (such as battery-powered electric) that meets all of the following requirements:

Has an unladen weight of less than 110 pounds (50Kg) including the weight of the battery, but excluding the weight of a rider, cargo and towed trailer.
Has a continuous power output of not more than 1,000 watts.
Has wheels with a diameter of 300mm (12”) or more.
Has brakes that are capable of bringing the electric bicycle, loaded to its total capacity and traveling at a speed of 20 m.p.h (32 k.p.h), to a standstill within 30’ (9.15m) from the point at which the brakes were applied.
Is incapable, without assistance from the operator, of propelling the device at a speed of more than 20 miles per hour on a paved level surface while ridden by an operator who weighs 170 pounds.
Includes vehicles that the rider(s) can sit on or stand upon.
The tread, or "Q factor", of the bike's pedals or other source of locomotion exerted by the rider must be less than 180mm. [This is a public health issue because experts believe that to reduce torquing of the knee and potential injury, the q factor should be adjusted so that the foot tracks in line with the knee and hip. Also, it tightens regulations so that vehicles that are functionally scooters with added-on pedals are not included in this e-bike definition.]
Operates in a manner so that the motor is disengaged or ceases to function when the brakes are applied, or operates in a manner such that the motor is engaged through a switch or variable-throttle mechanism that, when released, will cause the motor to disengage or cease to function.

Every manufacturer of low-speed electric bicycles, as defined in this division, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
1. 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.
2. The disclosure shall include the following language in capital letters:
  "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.
A person operating an electric bicycle is subject to the same controls as a bicycle at official traffic control signals as specified in Sections 21450 through 21457.
No person under 14 years of age shall operate an electric bicycle upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail.
No person shall operate an electric bicycle upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC). This requirement also applies to a person who rides upon a low-speed electric bicycle as a passenger or in a trailer towed by the electric bicycle.
No person shall operate an electric bicycle on a roadway unless it is equipped with 1) a lamp that, when activated after dark, is visible from a distance of 300 feet in front and from the sides of the vehicle, and 2) a taillamp that is visible from a distance of 300 feet to the rear.
No person shall ride on an electric bicycle or upon a portion of an electric bicycle that is not designed or intended for the use of passengers.
A person operating a low-speed electric scooter is subject to the same controls as a bicycle at official traffic control signals as specified in Sections 21450 through 21457.
In all other respects, an electric bicycle shall be considered a bicycle and will be treated the same as a bicycle as specified in Section 21202.
This chapter does not prevent local authorities, by ordinance, from regulating the registration of electric bicycles and the parking and operation of electric bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code.

Create Section 407 with new definition of electric scooter and requirements.
407.5

A "low-speed electric scooter" is a device with one or more wheels that has a zero-emissions motor (such as battery-powered electric) that meets all of the following requirements:
1. Has a continuous power output of not more than 1,000 watts.
2. Is incapable, without assistance from the operator, of propelling the device at a speed of more than 20 miles per hour on a paved level surface while ridden by an operator who weighs 170 pounds.
3. Includes vehicles that the rider(s) can sit on or stand upon.
4. Has brakes that are capable of bringing the low-speed electric scooter, loaded to its total capacity and traveling at a speed of 20 m.p.h (32 k.p.h), to a standstill within 30’ (9.15m) from the point at which the brakes were applied.
5. Operates in a manner so that the motor is disengaged or ceases to function when the brakes are applied, or operates in a manner such that the motor is engaged through a switch or variable-throttle mechanism that, when released, will cause the motor to disengage or cease to function.
Every manufacturer of low-speed electric scooters, as defined in this division, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
1. 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.
2. The disclosure shall include the following language in capital letters:
  "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS DEVICE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
A person operating a low-speed electric scooter is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and a low-speed electric scooter is not a motor vehicle.
No person under 14 years of age shall operate a low-speed electric scooter upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail.
No person shall operate a low-speed electric scooter upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC). This requirement also applies to a person who rides upon a low-speed electric scooter as a passenger or in a trailer towed by the low-speed electric scooter.
No person shall operate a low-speed electric scooter on a roadway unless it is equipped with a brake capable of bringing the low-speed electric scooter, loaded to its total capacity and traveling at a speed of 20 m.p.h (32 k.p.h), to a standstill within 30’ (9.15m) from the point at which the brakes were applied.
No person shall operate a low-speed electric scooter on a roadway unless it is equipped with a reflex reflector or reflectorized material that conforms with rules for bicycles.
No person shall ride on a low-speed electric scooter or upon a portion of a low-speed electric scooter that is not designed or intended for the use of passengers.
A person operating a low-speed electric scooter is subject to the same controls as a bicycle at official traffic control signals as specified in Sections 21450 through 21457.
In all other respects, a low-speed electric scooter shall be considered a bicycle and will be treated the same as a bicycle as specified in Section 21202.
This chapter does not prevent local authorities, by ordinance, from regulating the registration of low-speed electric scooters and the parking and operation of low-speed electric scooters on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code.

Add “, electric bicycle, or low-speed electric scooter” to Section 1803, subsection (b), paragraph (6) to wit:

1803(b)(6) Violations for which a person was cited as a pedestrian or while operating a bicycle, electric bicycle, or low-speed electric scooter.

Add “, electric bicycle, and low-speed electric scooter”.

4020. A motorized bicycle, electric bicycle, and low-speed electric scooter operated upon a highway are exempt from registration.

Sections 5030 through 5039 shall remain in force for motorized bicycles except to delete Section 5037 due to redundancy with Section 5035.

Add “motorized bicycle” to 12500(a) and remove from (b), and delete Section 12500(e) due to inclusion of the CARB emission requirements mentioned in Section 406.

12500.  (a) A person may not drive a motor vehicle or a motorized bicycle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.
   (b) A person may not drive a motorcycle or motor-driven cycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class.
   (c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.
   (d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed.

Modify Section 12509, subdivisions (d) and (e) to delete reference to “motorized scooter” and add reference to “motor-driven cycle”. Also, add to subdivision (d) restrictions on motorized bicycle usage.

12509 (d) (1) Except as provided in Section 12814.6, a person, while having in his or her immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), may operate a motor vehicle, other than a motorcycle, motor-driven cycle, or a motorized bicycle, when accompanied by, and under the immediate supervision of, a California licensed driver with a valid license of the appropriate class, 18 years of age or over whose driving privilege is not on probation. An accompanying licensed driver at all times shall occupy a position within the driver's compartment that would enable the accompanying licensed driver to assist the person in controlling the vehicle as may be necessary to avoid a collision and to provide immediate guidance in the safe operation of the vehicle.
(2) A person, while having in his or her immediate possession a valid permit issued pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), may operate a motorized bicycle except during the hours of darkness, and shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of the Education Code.
(e) A person, while having in his or her immediate possession a valid permit issued pursuant to paragraph (4) of subdivision (a), may only operate a government-owned motor vehicle, other than a motorcycle, motor-driven cycle, or a motorized bicycle, when taking driver training instruction administered by the California National Guard.

Delete M2 class of driver's license, limit M1 to motorcycle and motor-driven cycle, and delete subdivision (e) which is outdated.

12509.5. (a) A person shall obtain an instruction permit issued pursuant to this section prior to operating, or being issued a class M1 driver's license to operate, a two-wheel motorcycle or motor-driven cycle. The person shall meet the following requirements to obtain an instruction permit for purposes of this section:

(1) If age 15 years and 6 months or older, but under the age of 18 years, the applicant shall meet all of the following requirements:

(A) Have a valid class C license or complete driver education and training pursuant to paragraph (3) of subdivision (a) of Section 12814.6.

(B) Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(2) If 18 years of age or older, but under 21 years of age, the applicant shall meet both of the following requirements:

(A) Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(B) Pass the motorcycle driver's written exam.

(3) If 21 years of age or older, pass the motorcycle driver's written exam.

(b) A person described in paragraph (1) or (2) of subdivision (a) shall hold an instruction permit issued pursuant to this section for a minimum of six months prior to being issued a class M1 license.

(c) A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle or motor-driven cycle during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of the Education Code.

(d) An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.

Replace “motorized scooter” with “motorized bicycle” in (b)(3)(I), delete (b)(5) about Class M2 license, delete subdivision (h) about short-term use of motorized bicycles, and remove references to M2 from (f), (g), and (i).

12804.9 (a) (1) The examination shall include all of the following:

….

(b)(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway.

The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for compensation.

(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.

(I) Motorized bicycle.

(J) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination.

(c) A driver's license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver's license endorsement under Section 15275, unless a medical certificate approved by the department, the federal Department of Transportation, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle, is within the licensee's immediate possession, and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.

(d) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant's skill in the operation of the types of equipment covered by the license for which he or she is applying.

(e) The department may accept a certificate of competence in lieu of a driving test on class M1 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying.

(f) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.

(g) A person under the age of 21 years may not be issued a class M1 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.

(h) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.

Add “motor-driven cycle” to the following subsection.

12814.6. (a) Except as provided in Section 12814.7, a driver's license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following components:

(1) Upon application for an original license, the applicant shall be issued an instruction permit pursuant to Section 12509. A person who has in his or her immediate possession a valid permit issued pursuant to Section 12509 may operate a motor vehicle, other than a motorcycle, motor-driven cycle or motorized bicycle, only when the person is either taking the driver training instruction referred to in paragraph (3) or practicing that instruction, provided the person is accompanied by, and is under the immediate supervision of, a California licensed driver 25 years of age or older whose driving privilege is not on probation. The age requirement of this paragraph does not apply if the licensed driver is the parent, spouse, or guardian of the permit holder is a licensed or certified driving instructor.

…

(k) The department shall include, on the face of the provisional driver's license, the original issuance date of the provisional driver's license in addition to any other issuance date.

(l) This section shall be known and may be cited as the Brady-Jared Teen Driver Safety Act of 1997.

Add “, electric bicycle, or low-speed electric scooter”.

13210.  In addition to the penalties set forth in subdivision (a) of
Section 245 of the Penal Code, the court may order the suspension of
the driving privilege of any operator of a motor vehicle who commits
an assault as described in subdivision (a) of Section 245 of the
Penal Code on an operator or passenger of another motor vehicle, an
operator of a bicycle, electric bicycle, or low-speed electric scooter, or a pedestrian and the offense occurs on a highway. The suspension period authorized under this section for an assault commonly known as "road rage," shall be six months for a first offense and one year for a second or subsequent offense to commence, at the discretion of the court, either on the date of the person's conviction, or upon the person's release from confinement or imprisonment. The court may, in lieu of or in addition to the suspension of the driving privilege, order a person convicted under this section to complete a court-approved anger management or "road rage" course, subsequent to the date of the current violation.

Update Section 21110, subdivision (h):
21100.  Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters:  ...
 (h) Operation of bicycles, electric bicycles, and low-speed electric scooters on the public sidewalks.   ...

Delete Section 21114.5 because “electric carts” are subsumed under the definition of low-speed electric scooter in Section 407.5.

Add “electric bicycle, low-speed electric scooter” to the following section.

21200. (a) A person riding a bicycle, electric bicycle, low-speed electric scooter or operating a pedicab 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), Section 27400, Division 16.7 (commencing with Section 39000), 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.

(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

(A) In response to an emergency call.

(B) While engaged in rescue operations.

(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.

Add this section to address electric bicycles and low-speed electric scooters.

21200.1 (a) All electric bicycles and low-speed electric scooters 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 an electric bicycle or low-speed electric scooter that does not meet one of the requirements of subdivision (a).

(c) The operator of an electric bicycle or low-speed electric scooter shall not ride 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.

21200.2 (a) No person under 14 years of age shall operate an electric bicycle or low-speed electric scooter upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail.

(b) No person shall operate an electric bicycle or low-speed electric scooter upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon an electric bicycle or low-speed electric scooter while in a restraining seat that is attached to, or towed by, the electric bicycle or low-speed electric scooter.

Add “electric bicycle, or low-speed electric scooter” to the following section.

21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle, electric bicycle, or low-speed electric 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, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood pursuant to 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). Violations of this section are subject to Section 13202.5.

Update braking description in subdivision (a), and add “electric bicycle, or low-speed electric scooter” to all subdivisions.

21201.  (a) No person shall operate a bicycle, electric bicycle, or low-speed electric scooter on a roadway unless it is equipped with a brake capable of bringing the bicycle, electric bicycle, or low-speed electric scooter, loaded to its total capacity and traveling at a speed of 20 m.p.h (32 k.p.h), to a standstill within 30’ (9.15m) from the point at which the brakes were applied.
   (b) No person shall operate on the highway a bicycle, electric bicycle, or low-speed electric scooter equipped with handlebars so raised that the operator must elevate his hands above the level of his shoulders in order to grasp the normal steering grip area.
   (c) No person shall operate upon a highway a bicycle, electric bicycle, or low-speed electric scooter that is of a size that prevents the operator from safely stopping the bicycle, electric bicycle, or low-speed electric scooter, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe manner.
   (d) A bicycle, electric bicycle, or low-speed electric scooter operated during darkness upon a highway, a sidewalk where bicycle, electric bicycle, or low-speed electric scooter operation is not prohibited by the local jurisdiction, or a bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall be equipped with all of the following:
   (1) A lamp emitting a white light that, while the bicycle, electric bicycle, or low-speed electric scooter is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle, electric bicycle, or low-speed electric scooter.
   (2) A red reflector on the rear that shall be 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 forward of the center of the bicycle, electric bicycle, or low-speed electric scooter, and a white or red reflector on each side to the rear of the center of the bicycle, electric bicycle, or low-speed electric scooter, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.  The reflectors and reflectorized tires shall be of a type meeting requirements established by the department.
   (e) 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 bicycle, electric bicycle, or low-speed electric scooter, may be used in lieu of the lamp required by paragraph (1) of subdivision (d).


Add “electric bicycle, low-speed electric scooter, or motorized bicycle”.
21201.3.  (a) A bicycle, electric bicycle, low-speed electric scooter, or motorized bicycle used by a peace officer, as defined in Section 830.1 of, subdivision (a), (b), (c), (d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or (d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32 of, Section 830.33 of, subdivision (a) of Section 830.36 of, subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal Code, in the performance of the peace officer's duties, may display a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle, electric bicycle, low-speed electric scooter, or motorized bicycle.
   (b) No person shall display a steady or flashing blue warning light on a bicycle, electric bicycle, low-speed electric scooter, or motorized bicycle except as authorized under subdivision (a).

Add “electric bicycle, low-speed electric scooter, or motorized bicycle”.

21202.  (a) Any person operating a bicycle, electric bicycle, low-speed electric scooter, or motorized bicycle upon a roadway 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 edge of the roadway except under any of the following situations:

When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane.

When preparing for a left turn at an intersection or into a private road or driveway.

When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

When approaching a place where a right turn is authorized.

Add “electric bicycles, or low-speed electric scooters”.

21203. No person riding upon any motorcycle, motor-driven cycle, motorized bicycle, electric bicycle, low-speed electric scooter, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle on the highway.

Add “electric bicycles, or low-speed electric scooters”.

21206. This chapter does not prevent local authorities, by ordinance, from regulating the registration, parking and operation of bicycles, electric bicycles, or low-speed electric scooters on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code.

Add “electric bicycles, or low-speed electric scooters”.

21210.  No person shall leave a bicycle, electric bicycle, or low-speed electric scooter lying on its side on any sidewalk, or shall park a bicycle, electric bicycle, or low-speed electric scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle, electric bicycle, and low-speed electric scooter parking in designated areas of the public highway, provided that appropriate signs are erected.

Delete Sections 21220-21235 because motorized scooters have been included in the definition of low-speed electric scooters in Section 407.5 and in bicycle-related Sections 21200-21210.

Create a new section to incorporate a "medium-speed vehicle".

21250.5 For the purposes of this article, a medium-speed vehicle means

a vehicle as defined in Section 392.

Create a new section to incorporate a "medium-speed vehicle".

21251.5 A medium-speed vehicle is subject to all the provisions applicable to a motor vehicle, and the driver of a medium-speed vehicle is subject to all the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or another code, with the exception of those provisions that, by their very nature, can have no application.

Add "medium-speed vehicle" to the following Section.

21252. A vehicle dealer, selling a low-speed vehicle or a medium-speed vehicle, shall provide to the buyer a disclosure statement regarding the operation of the

vehicle that is in compliance with existing provisions of the California Code of Regulations.

Add "medium-speed vehicle" to the following Section.

21253. A low-speed or medium-speed vehicle operated or parked on the highway shall at all times meet federal Motor Vehicle Safety Standards established for low-speed vehicles in Section 571.500 of Title 49 of the Code of

Federal Regulations.

Create a new section to incorporate a "medium-speed vehicle".

21254.5. A motor vehicle that was originally designated as a medium-speed vehicle and that has been modified or altered to exceed 45 miles per hour shall not qualify for the relaxed Motor Vehicle Safety Standards established for medium-speed vehicles in Section 392 and must meet all federal Motor Vehicle Safety Standards for a passenger vehicle.

Create a new section to incorporate a "medium-speed vehicle".

21261. (a) The operator of a medium-speed vehicle shall not operate the vehicle on any highway with a speed limit in excess of 45 miles per hour.

(b) The operator of a medium-speed vehicle may cross a highway with a speed limit in excess of 45 miles per hour if the crossing begins and ends on a highway with a speed limit of 45 miles per hour or less and occurs at an intersection of approximately 90 degrees.

Add “electric bicycle, low-speed electric scooter, ” to subsection h.

21712. (a) A person driving a motor vehicle shall not knowingly permit a person to ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.

(b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers.

(d) A person shall not ride in the trunk of a motor vehicle.

(e) A person violating subdivision (c) or (d) shall be punished as follows:

(1) By a fine of one hundred dollars ($100).

(2) For a second violation occurring within one year of a prior violation that resulted in a conviction, a fine of two hundred dollars ($200).

(3) For a third or a subsequent violation occurring within one year of two or more prior violations that resulted in convictions, a fine of two hundred fifty dollars ($250).

(f) Subdivisions (a) and (b) do not apply to an employee engaged in the necessary discharge of his or her duty or in the case of persons riding completely within or upon vehicle bodies in the space intended for a load on the vehicle.

(g) A person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel.

(h) A person shall not knowingly drive a motor vehicle that is towing a person riding upon a motorcycle, motor-driven cycle, motorized bicycle, electric bicycle, low-speed electric scooter, bicycle, coaster, roller skates, sled, skis, or toy vehicle.

(i) Subdivision (g) does not apply to a trailer coach that is towed with a fifth-wheel device if the trailer coach is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device that a passenger inside the trailer coach can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the trailer coach.

Add “, electric bicycle, or low-speed electric scooter” to subsection a.

21960. (a) The 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 the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, electric bicycle, or low-speed electric scooter. 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 within 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 or resolution 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.

Delete Section 21968 because motorized skateboards are subsumed under the definition of low-speed electric scooter in Section 407.5.

Delete Section 22411 because motorized scooters are subsumed under the definition of low-speed electric scooter in Section 407.5.

Add “electric bicycle, low-speed electric scooter, motorized bicycle”.

22518.  Fringe and transportation corridor parking facilities constructed, maintained, or operated by the Department of Transportation pursuant to Section 146.5 of the Streets and Highways Code shall be used only by persons using a bicycle, electric bicycle, low-speed electric scooter, motorized bicycle or public transit, or engaged in ridesharing, including, but not limited to, carpools or vanpools. No person shall park any vehicle 30 feet or more in length or engage in loitering or camping, or vending or any other commercial activity, on any fringe or transportation corridor parking facility.

Add “electric bicycles, or low-speed electric scooters” to subdivision (g).

21650.  Upon all highways, a vehicle shall be driven upon the right
half of the roadway, except as follows:
   (a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
   (b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
   (c) When the right half of a roadway is closed to traffic under
construction or repair.
   (d) Upon a roadway restricted to one-way traffic.
   (e) When the roadway is not of sufficient width.
   (f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
   (g) This section does not prohibit the operation of bicycles, electric bicycles, or low-speed electric scooters on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance.

Add “electric bicycle, or low-speed electric scooter”.

21650.1.  A bicycle, electric bicycle, or low-speed electric scooter operated on a roadway, or the shoulder of a highway, shall be operated in the same direction as vehicles are required to be driven upon the roadway.

Delete Section 23135 as redundant to Sections 405, 406 and 407.

Add “, electric bicycle, low-speed electric scooter” to subsection b.

23330. Except where a special permit has been obtained from the Department of Transportation under the provisions of Article 6 (commencing with Section 35780) of Chapter 5 of Division 15, none of the following shall be permitted on any vehicular crossing:

(a) Animals while being led or driven, even though tethered or harnessed.

(b) Bicycles, electric bicycles, low-speed electric scooters, or motorized bicycles, unless the department by signs indicates that bicycles, electric bicycles, low-speed electric scooters, or motorized bicycles, or any combination thereof, are permitted upon all or any portion of the vehicular crossing.

(d) Vehicles carrying items prohibited by regulations promulgated by the Department of Transportation.

Add requirement for a turn signal system.

24015. (a) Motorized bicycles shall comply with those federal motor vehicle safety standards established under the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards. Such standards include, but are not limited to, provisions requiring a headlamp, taillamp, stoplamp, side and rear reflex reflectors, and adequate brakes.

(b) In addition to equipment required in subdivision (a), all motorized bicycles operated upon a highway shall be equipped with a mirror as required in subdivision (a) of Section 26709, a horn as required in Section 27000, a turn signal system as required in Section 24951, and, if powered by an internal combustion engine, an adequate muffler as required in subdivision (a) of Section 27150.

(c) Except as provided in subdivisions (a) and (b), none of the provisions of this chapter relating to motorcycles and motor-driven cycles, as defined in this code, shall apply to a motorized bicycle.

Delete Section 24016 due to redundancy with 407.

Add (b)(5) to require turn signals on “Motorized bicycles”.
24951.  (a) Any vehicle may be equipped with a lamp-type turn signal system capable of clearly indicating any intention to turn either to the right or to the left.
   (b) The following vehicles shall be equipped with a lamp-type turn signal system meeting the requirements of this chapter.
   (1) Motortrucks, truck tractors, buses and passenger vehicles, other than motorcycles, manufactured and first registered on or after January 1, 1958.
   (2) Trailers and semitrailers manufactured and first registered between December 31, 1957, and January 1, 1969, having a gross weight of 6,000 pounds or more.
   (3) Trailers and semitrailers 80 or more inches in width manufactured on or after January 1, 1969.
   (4) Motorcycles and motor-driven cycles manufactured and first registered on or after January 1, 1973.
   (5) Motorized bicycles manufactured and first registered on or after January 1, 2013.
   The requirements of this subdivision shall not apply to special mobile equipment, or auxiliary dollies.
   (c) Turn signal lamps on vehicles manufactured on or after January 1, 1969, shall be mounted not lower than 15 inches.

Add “or motor-driven cycle” to the following section.

26709. (a) Every motor vehicle registered in a foreign jurisdiction and every motorcycle or motor-driven cycle subject to registration in this state shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle. Every motor vehicle subject to registration in this state, except a motorcycle or motor-driven cycle, shall be equipped with not less than two such mirrors, including one affixed to the left-hand side.

(b) The following described types of motor vehicles, of a type subject to registration, shall be equipped with mirrors on both the left- and right-hand sides of the vehicle so located as to reflect to the driver a view of the highway through each mirror for a distance of at least 200 feet to the rear of such vehicle:

(1) A motor vehicle so constructed or loaded as to obstruct the driver's view to the rear.

(2) A motor vehicle towing a vehicle and the towed vehicle or load thereon obstructs the driver's view to the rear.

(3) A bus or trolley coach.

(c) The provisions of subdivision (b) shall not apply to a passenger vehicle when the load obstructing the driver's view consists of passengers.

Decrease the decibel level from 80 dbA to 78dbA for motorcycles.

27202. For the purposes of Section 27200, the following noise limits shall apply to any motorcycle, motor-driven cycle, or motorized bicycle manufactured:

(1) After 1969, and before 1973 ...... 88 dbA

(2) After 1972, and before 1975 ...... 86 dbA

(3) After 1974, and before 1986 ...... 83 dbA

(4) After 1985, and before 2013 ...... 80 dbA

(5) After 2013 ....................... 78 dbA

Add motor-driven cycle and electric bicycle.

27800. It is unlawful for a driver of a motorcycle, a motor-driven cycle, a motorized bicycle, or an electric bicycle to carry any other person thereon, except on a seat securely fastened to the machine and provided with footrests, or in a sidecar attached to a motorcycle and designed for the purpose of carrying a passenger. Every passenger on a motorcycle, motor-driven cycle, motorized bicycle, or electric bicycle shall keep his feet on the footrests while such vehicle is in motion.

Move “motorized bicycles” from Section 27802 to 27802.5

27802. (a) The department may adopt reasonable regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorcycles or motor-driven cycles as it determines are necessary for the safety of those drivers and passengers. The regulations shall include, but are not limited to, the requirements imposed by Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. Sec. 571.218) and may include compliance with that federal standard by incorporation of its requirements by reference. Each helmet sold or offered for sale for use by drivers and passengers of motorcycles and motor-driven cycles shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable federal motor vehicle safety standards.

(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorcycle or motor-driven cycle any safety helmet which is not of a type meeting requirements established by the department.

Create Section 27802.5 regarding helmets for motorized bicycles, electric bicycles, and low-speed electric scooters.

27802.5 (a) The department may adopt reasonable regulations establishing specifications and standards for safety helmets offered for sale, or sold, for use by drivers and passengers of motorized bicycles, electric bicycles, and low-speed electric scooters as it determines are necessary for the safety of those drivers and passengers. The regulations shall include, but are not limited to, a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. Each helmet sold or offered for sale for use by drivers and passengers of motorized bicycles, electric bicycles, and low-speed electric scooters shall be conspicuously labeled in accordance with the federal standard which shall constitute the manufacturer's certification that the helmet conforms to the applicable safety standards.

(b) No person shall sell, or offer for sale, for use by a driver or passenger of a motorized bicycle, electric bicycle, or low-speed electric scooter any safety helmet which is not of a type meeting requirements established by the department.

(c) This requirement also applies to a person who rides in a restraining seat that is attached to, or in a trailer towed by, a motorized bicycle, electric bicycle, or low-speed electric scooter.

Incorporate Section 27802.5 regarding helmets for motorized bicycles, electric bicycles, and low-speed electric scooters into subdivisions (a) through (d) and (g), and update subsection (f) with “500 pounds”.

27803. (a) (1) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle or motor-driven cycle.

(2) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802.5 when riding on a motorized bicycle, electric bicycle, or low-speed electric scooter. This requirement also applies to a person who rides in a restraining seat that is attached to, or in a trailer towed by, a motorized bicycle, electric bicycle, or low-speed electric scooter.

(b)(1) It is unlawful to operate a motorcycle or motor-driven cycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a)(1).

(2) It is unlawful to operate a motorized bicycle, electric bicycle, or low-speed electric scooter if the driver or any passenger is not wearing a safety helmet as required by subdivision (a)(2).

(c)(1) It is unlawful to ride as a passenger on a motorcycle or motor-driven cycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a)(1).

(2) It is unlawful to ride as a passenger on a motorized bicycle, electric bicycle, or low-speed electric scooter if the driver or any passenger is not wearing a safety helmet as required by subdivision (a)(2).

(d) This section applies to persons who are riding on motorcycles, motor-driven cycles, motorized bicycles, electric bicycles, or low-speed electric scooters operated on the highways.

(e) For the purposes of this section, "wear a safety helmet" or "wearing a safety helmet" means having a safety helmet meeting the requirements of Section 27802 or 27802.5 on the person's head that is fastened with the helmet straps and that is of a size that fits the wearing person's head securely without excessive lateral or vertical movement.

(f) This section does not apply to a person operating, or riding as a passenger in, a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 500 pounds or more, if the vehicle meets or exceeds all of the requirements of this code, the Federal Motor Vehicle Safety Standards, and the rules and regulations adopted by the United States Department of Transportation and the National Highway Traffic Safety Administration.

(g) In enacting this section, it is the intent of the Legislature to ensure that all persons are provided with an additional safety benefit while operating or riding a motorcycle, motor-driven cycle, motorized bicycle, electric bicycle, or low-speed electric scooter.

Simplify definition of “bicycle”.

39000. "Bicycle", for the purposes of this division, means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears.

Update and add “electric bicycle or low-speed electric scooter” to this section.
39007.  No bicycle, electric bicycle or low-speed electric scooter retailer shall sell any new bicycle in this state unless such bicycle has legibly and permanently stamped or cast on its frame a serial number, no less than one-eighth inch in size, and unique to the particular bicycle of each manufacturer. The serial number only shall be stamped or cast in the head of the frame, either side of the seat tube, the toeplate, or the bottom sprocket (crank) housing.

Add “electric bicycle, or low-speed electric scooter” to Section 40303 (b)(16) and delete Section 40303 (b)(17).

Section 40303 (b)(16). Section 21200.5, relating to riding a bicycle, electric bicycle, or low-speed electric scooter while under the influence of an alcoholic beverage or a drug.

–

Existing sections of special note that remain intact.

467.  (a) A "pedestrian" is a person who is afoot or who is using
any of the following:
   (1) A means of conveyance propelled by human power other than a bicycle.
   (2) An electric personal assistive mobility device.
   (b) "Pedestrian" includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a).

5038.  The department shall establish a record system that provides for identification of stolen motorized bicycles.

Section 2800.1, subdivision (b), addresses “Any person who ... willfully flees or otherwise attempts to elude a pursuing peace officer's bicycle, ...”

21280.  (a) The Legislature finds and declares all 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) Reducing the millions of single passenger automobile trips of
five miles or less that Californians take each year will
significantly reduce the pollution caused by fuel emissions and
aggravated by automobile congestion.
   (3) Electric personal assistive mobility devices that meet the
definition in Section 313 operate solely on electricity and employ
advances in technology to safely integrate the user in pedestrian
transportation.
   (4) Electric personal assistive mobility devices enable California
businesses, public officials, and individuals to travel farther and
carry more without the use of traditional vehicles, thereby promoting
gains in productivity, minimizing environmental impacts, and
facilitating better use of public ways.
   (b) The Legislature is adding this article as part of its program
to promote the use of no-emission transportation.
22111.  All required signals given by hand and arm shall be given
from the left side of a vehicle in the following manner:
   (a) Left turn--hand and arm extended horizontally beyond the side
of the vehicle.
   (b) Right turn--hand and arm extended upward beyond the side of
the vehicle, except that a bicyclist may extend the right hand and
arm horizontally to the right side of the bicycle.
   (c) Stop or sudden decrease of speed signal--hand and arm extended
downward beyond the side of the vehicle.

State-issued identification tags for electric bicycles and low-speed electric scooters will be decided by the local jurisdiction by simply including “electric bicycles and low-speed electric scooters” in their local bicycle-licensing ordinance.

39001.  (a) The department shall procure and distribute bicycle license indicia and registration forms to all counties and cities which have adopted a bicycle licensing ordinance or resolution.

40303.5.  Whenever any person is arrested for any of the following offenses, the arresting officer shall permit the arrested person to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
   (a) Any registration infraction set forth in Division 3 (commencing with Section 4000).
   (b) Any driver's license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of driver's license.
   (c) Section 21201, relating to bicycle equipment.
   (d) Any infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).