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Petty traffic issue!!

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Pikplum

Junior Member
I am a little stumped here and need an answer. My son has a little battery operated chopper that he has been driving on the block. A neighbor, I have had a lot of problems with, called the police today. When the officer came out he told me of the complaint. When I told him it was not gas powered it was battery operated he said "okay, then he can ride it as long as he wears the proper equipment."

A short time later he came back and told me that the city ordinance went into effect Jan 1 and it was not allowed to be on the street or sidewak. I have yet to find the ordinance. He then said the complaining neighbor is going to do a citizens arrest if she sees him riding it again.

I phoned the police department for further information and was told it is in the CA vehicle code. The only thing I can find is "motorized vehicles."

Two questions Can a citizens arrest be done on an infraction such as this?
Is there a CA vehicle code that prohibits battery operated scooters off the streets or sidewalks?
 


JETX

Senior Member
Pikplum said:
he came back and told me that the city ordinance went into effect Jan 1 and it was not allowed to be on the street or sidewak.
If it is a city ordinance, it will NOT be in the CA Vehicle Code.

Can a citizens arrest be done on an infraction such as this?
Yes. A citizen can make a valid arrest for just about any statute violation.

Is there a CA vehicle code that prohibits battery operated scooters off the streets or sidewalks?
Yes.

"Electric-Powered Mini-Motorcycles
An electric-powered mini-motorcycle is a "motorized bicycle" pursuant to Section 406(a) VC. As such, it is subject to all vehicle equipment, driver
license (M2 endorsement), and helmet requirements stated in the VC."
http://www.townoftruckee.com/pdfforms/Press Release - Pocket Bikes.pdf
and
http://www.chp.ca.gov/html/pocketbikes.html
and
http://www.ci.arcadia.ca.us/home/index.asp?page=10&recordid=34
 

Ohiogal

Queen Bee
Pikplum said:
I am a little stumped here and need an answer. My son has a little battery operated chopper that he has been driving on the block. A neighbor, I have had a lot of problems with, called the police today. When the officer came out he told me of the complaint. When I told him it was not gas powered it was battery operated he said "okay, then he can ride it as long as he wears the proper equipment."

A short time later he came back and told me that the city ordinance went into effect Jan 1 and it was not allowed to be on the street or sidewak. I have yet to find the ordinance. He then said the complaining neighbor is going to do a citizens arrest if she sees him riding it again.

I phoned the police department for further information and was told it is in the CA vehicle code. The only thing I can find is "motorized vehicles."

Two questions Can a citizens arrest be done on an infraction such as this?
Is there a CA vehicle code that prohibits battery operated scooters off the streets or sidewalks?

One question -- was he driving it drunk?
(just a bit confused why this is in the DUI area)
 

CdwJava

Senior Member
Sadly, stores have been selling these things like hotcakes for the past few years and too many people seem to think they are okay to ride on the streets ... they are not. In fact, I recall that the ones I have seen have a big sticker on them that says something to the effect of "For use on private property" and then a disclaimer about some states not allowing them ont he roads.

I have cited a lot of people (kids AND adults) on these things and find that there is a great deal of misinformation on the issue ... and adults almost always want to argue with me about the helmet issue. But, since they have instituted the law requiring an M2 license, it simply adds another nail to the coffin.

- Carl
 

justalayman

Senior Member
CdwJava said:
Sadly, stores have been selling these things like hotcakes for the past few years and too many people seem to think they are okay to ride on the streets ... they are not. In fact, I recall that the ones I have seen have a big sticker on them that says something to the effect of "For use on private property" and then a disclaimer about some states not allowing them ont he roads.

I have cited a lot of people (kids AND adults) on these things and find that there is a great deal of misinformation on the issue ... and adults almost always want to argue with me about the helmet issue. But, since they have instituted the law requiring an M2 license, it simply adds another nail to the coffin.

- Carl
For some reason I am picturing this little 5 year old kid on one of those little plastic "power wheels" bikes as opposed to the "pocket motorcycles" that are the current fad.

Would these vehicle laws pertain to the little plastic battery operated toys as well?
 

CdwJava

Senior Member
justalayman said:
Would these vehicle laws pertain to the little plastic battery operated toys as well?
CAN it be? Sometimes. Generally, we don't worry about these. But, if they get in to the street, then there COULD be a problem ... they can be dangerous due to how low they are and that approaching drivers might not be able to see them.

- Carl
 

Two Bit

Member
I think they're a nusance and they should be banned. As of yet, I've found no Georgia law that prohibits them.
 
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