Old 09-27-07, 03:49 PM
  #6  
JeffB502
Arrogant Safety Nanny
 
Join Date: Apr 2007
Location: Santa Maria, CA
Posts: 554

Bikes: 2007 Trek 7.2 FX, 2008 Trek Madone 5.2

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Originally Posted by leginfo.ca.gov
21221. Every person operating a motorized scooter 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), 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.

407.5. (a) A "motorized scooter" is any two-wheeled device that has
handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor. This device may also
have a driver seat that does not interfere with the ability of the
rider to stand and ride and may also be designed to be powered by
human propulsion
. For purposes of this section, a motorcycle, as
defined in Section 400, a motor-driven cycle, as defined in Section
405, or a motorized bicycle or moped, as defined in Section 406, is
not a motorized scooter.
(b) A device meeting the definition in subdivision (a) that is
powered by a source other than electrical power is also a motorized
scooter.
Looks like if it has an electric or gas motor mounted to it it would be a vehicle, even if you don't use the motor.

A broad interpretation of 407.5(b) could be "I'm the source of the power" but I don't know if a judge would agree. If the judge agreed with that statement though, your non-motorized scooter could be considered a motorized scooter, lol. I'd assume it would be treated like a skateboard or roller skates if it's not motorized, but I couldn't find anything that specifically said that.

Note: I'm not a lawyer...I just enjoy looking up obscure laws for fun. There's lots of funny ones out there.
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