Published
in Rio Linda Elverta News July 8, 2004 - Scroll for other articles
Motorized
scooters; a review of the governing laws
by Jay O'Brien
After almost being hit head-on by motorized scooters driving on the
wrong side of M Street and ignoring stop signs, I reviewed the
California Vehicle Code sections that appear to apply. I found them
interesting, and, in one case, conflicting. I also found that the
County Supervisors can impose additional controls by ordinance.
What is a Motorized Scooter?
A "motorized scooter" is a two-wheeled device that has handlebars, is
designed to be stood or sat upon by the operator, and is powered by a
source that is capable of propelling the device (VC407.5).
The Vehicle Code definition was written for electric motor powered
scooters; a following sub-paragraph includes power sources other than
electrical power, apparently including the gas engines on the scooters
seen and heard in Rio Linda.
Legislative Intent
The Legislature declared we have severe traffic congestion and air
pollution problems; they said motorized scooters produce no emissions
and do not contribute to increased air pollution or increase traffic
congestion (from VC21220).
This is the conflict. I guess no one mentioned to the Legislature that
2 and 4 cycle gas engines, like their lawnmower counterparts, are said
to pollute worse than automobiles.
Driving
The code says motorized scooter operators have all the rights of and
are subject to all the provisions applicable to drivers of (motorized)
vehicles (VC21221).
However, scooter operators are specifically exempted from the
provisions relating to financial responsibility, registration, and
license plates. This explains why motorized scooters aren't licensed
and may not be insured. The code says that for those purposes, a
motorized scooter is not a motor vehicle (VC21224).
Passing and turning
Motorized scooters, traveling slower than the speed of traffic moving
in the same direction, must ride close to the right-hand edge of the
roadway, and may not pass on the right of traffic. And here's a great
one: To make a left turn, motorized scooter operators must stop,
dismount and complete their left turn by crossing the roadway on foot
as a pedestrian, accompanied by the scooter! (VC21228)
This apparently doesn't permit the left turn I observed that almost
came head-on into my car; the scooter was on the wrong side of the road
at a stop sign on M Street, didn't stop, and turned left into the wrong
side of the road, heading straight for me. Fortunately, I was able to
stop. I've yet to observe a motorized scooter operator dismount and
make a left turn as a pedestrian.
Requirements
Motorized scooter operators must wear bicycle helmets, be at least 16
years of age, not carry additional passengers, and not travel on the
sidewalk. Operation at night requires a light. Motorized Scooter
operation is not permitted where the speed limit is over 25 MPH unless
within a Class II bicycle lane (VC21223 & 21235).
Apparently this does not permit the Fourth-of-July weekend unlighted
excursions observed on M Street west of Rio Linda Boulevard after
midnight. This portion of M Street has a posted 40 MPH speed limit.
County Regulations
The County may enact additional motorized scooter ordinances regulating
registration. The County may regulate the operation and parking of
motorized scooters on pedestrian and bikeway facilities (VC 21225 &
21230).
Vehicle Code
To review the California Vehicle Code, visit
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm .
Published
in Rio Linda Elverta News July 8, 2004 - Scroll for other articles
Shopping
Center work underway
Raley's Food Source to anchor
by
Jay O'Brien
The new FHK Companies' Rio Linda Plaza shopping center at Rio Linda and
Elkhorn Boulevards is now under construction.
The center will be anchored by a 60,000 square foot Raley's Food Source
store. Other merchants include The Key Shop, Rio Java Coffee, Papa's
Pizzeria, Kentucky Fried Chicken/A&W, Curves for Women, Advance
America, Perfect Nails, and a Chinese restaurant. The new center will
surround the existing McDonald's.
FHK's Fred Katz said weather permitting, stores may open as early as
the first of the year.
The construction now underway is off-site work on water and drainage,
plus on-site grading, lighting and landscaping.
As the infrastructure permit was issued before Sacramento County's May
2003 moratorium on shopping center development took effect, this is the
only such project in the County that has been issued the building
permits necessary to proceed. The moratorium is the result of a lawsuit
filed against the County by Legal Services of Northern California over
a deficiency in the provision of affordable housing.
FHK has agreed to pay twice the normal amount into an affordable
housing trust fund; Legal Services is supporting FHK's Rio Linda
development, according to Katz.
Dave Pevny, Sacramento County Principal Planner, said "We did a study
of all pending applications in the County. We discovered that the Rio
Linda Plaza was in a unique position as their development plans were
approved and an infrastructure permit had been issued prior to the
imposition of the moratorium. With Legal Services agreement, the Rio
Linda development was removed from the moratorium."
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