Agda Pkt 2025.12.22 Joint SA PFA

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a Class II or Class IV bikeway, or on sidewalks; §21235 lets cities relax the roadway restriction to 35 mph. Motorized scooters are subject at all times to a speed limit of 15 mph (§22411). EPAMDs: Operators are considered pedestrians (§467). These devices are regulated in Chapter 1, Article 6. §21281.5 requires operating at a safe speed that does not endanger the safety of persons or property. §21282 permits local authorities to regulate the time, place, and manner of their operation, including limiting, prohibiting entirely in the local jurisdiction, or prohibiting use in specified areas as determined to be appropriate by local entities. Electrically motorized boards: Continuing in the same sequence, electrically motorized boards are regulated in Chapter 1, Article 7. The rules of the road for electrically motorized boards are unclear; they appear to fall under the definition of "vehicle" in §670 and would therefore be subject to vehicular regulations, though their own definition in §313.5 does not use that word. Article 7 also refers to operating upon a highway. In any case, operators must be 16 or older and must wear helmets. They are restricted to roads with a speed limit of 35 mph or less, unless operated within a Class II or Class IV bikeway, and must themselves not exceed 15 mph. §21967 permits local authorities to prohibit or restrict electrically motorized boards on highways, sidewalks, or roadways. Low-speed vehicles (NEVs): See Chapter 1, Article 5.5. Low-speed vehicles are subject to the provisions applicable to motor vehicles. With certain exceptions, they're limited to roads with a speed limit of 35 mph or less. §21266 lets local authorities restrict or prohibit their use. These provisions delineate the full extent of local authority to regulate these types of devices on highways and other named locations. Validity of the Ordinance In several places, the ordinance exceeds the relevant powers of local authorities that are cited above, and in others it attempts to regulate disparate classes of devices in a uniform way, whereas its authority to do so varies. In particular, the provisions of Sec. 8.4, Equipment and Restrictions (including, for the most part, its age limits for operators and speed limits for devices, which seem to be among the ordinance's principal objectives); Sec. 8.6, Racing; and Sec. 8.7, Trick Riding, have been preempted by state law, which confers no authority for local regulation of this type, even if it merely restates the Vehicle Code. (Note that I'm not commenting on the merits of these provisions, only their validity.) The prohibition of Class 3 e-bikes from Class 4 bikeways (cycle tracks) in Sec 8.3E is also doubtful, since a cycle track is not an "equestrian trail, or hiking or recreational trail." Section 8.9, Penalties for Violation, is also preempted, since §40000.1 of the Vehicle Code establishes that it constitutes an infraction for any person to violate any local ordinance adopted pursuant to this code. §42001 specifies maximum fines for infractions (to which may be added penalty assessments and surcharges). But note this important provision of §42001(d): [A] local public entity that employs peace officers . . . may, by ordinance or resolution, establish a schedule of fines applicable to infractions committed by bicyclists within its jurisdiction. . . . If a bicycle fine schedule is adopted, it shall be used by the courts having jurisdiction over the area within which the ordinance or resolution is applicable instead of the fines, including penalty assessments and court costs, otherwise applicable under this code.