SHATTUCK NEIGHBORHOOD
CRIME PREVENTION COUNCIL
OAKLAND, CA BEAT 11X

Information Bulletin - OPD CALEA Ref No. N/A 24 May 02

Relevant Oakland Code

The Oakland Municipal Code (10.16.160) prohibits any person from using such or any similar device upon any roadway, including crosswalks, or upon the sidewalk in any business district in the City of Oakland.

In addition, OMC 10.16.10 prohibits riding a motorized skateboard on any sidewalk, cross walk, or roadway within the City of Oakland.

Relevant California Law

The operation of motorized scooters is governed by provisions of the Motor Vehicle Code.

Section 407.5(a) defines a motorized scooter as any two-wheeled device with handlebars that has a motor for propulsion, is designed to be stood or sat upon by the operator, and is not a motorcycle, a motorized bicycle, or a moped.

Section 21221 provides that any person operating a motorized scooter upon a highway is subject to all the provisions applicable to the driver of a vehicle.

Section 21221.5 provides that it is unlawful for any person to operate a motorized scooter upon a highway while under the influence of an alcoholic beverage, a drug, or any combination of alcohol and drugs.

Section 21223 identifies the lamps and reflectors required on the front sides, and rear of a motorized scooter in order for the scooter to operate on a highway.

Section 21228(a) requires that the operator of a motorized scooter shall ride as close as practical to the right-hand curb or right edge of the roadway except under the listed conditions. Section 21228(a)(2) requires the operator to dismount when making a right or left turn and to cross a roadway on foot, subject to restrictions placed on pedestrians.

Section 21229(a) requires that the operator of a motorized scooter shall ride within the bicycle lane whenever a Class II bicycle lane has been established on a roadway.

Section 21235 establishes the following prohibitions on the operation of a motorized scooter:

• Section 21235(b): A person cannot operate a motorized scooter on a highway having a speed limit in excess of 25 miles per hour unless the scooter is operated within a Class II bicycle lane.

• Section 21235(c): A person cannot operate a motorized scooter without wearing a fastened bicycle helmet that meets the standards of Section 21212.

• Section 21235(d): A person under 16 years of age cannot operate a motorized scooter.

• Section 21235(g): A person cannot operate a motorized scooter on a sidewalk except as may be necessary to enter or leave adjacent property.

Section 22411 provides that no person shall operate a motorized scooter in excess of 15 miles per hour.