California Law on use of OneWheel
SteveSiz last edited by
I have read some links and articles but I have not found the definitive word on how the law sees the OneWheel in California. Most people are saying that this device is considered a Electric Personal Assistive Mobility Devices (EPAMD) but Section 313 of the vehicle code defines such device.."self-balancing, nontandem two-wheeled device....... the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour"
So, if it does not meet the legal definition in CA for a EPAMD, then what is it?
I work in the Transportation Dept. of the city where I live, work directly with our Traffic Enforcement Police.... but also own my own OneWheels. I could ask our City Attorney, but this is more of self interest.
Help Please. I assume OW has a legal team that has this researched.
It must be 2 wheels or less. The key word is “tandem”. As there is no tandem status with a single wheel it falls within the parameters.
In regards to speed? Burden of proof is on the,. Prove it goes faster than 12.5mph.
It falls under the classification of an EPAMD.
Gadgetrider last edited by
So I have a pair of Fangs installed. Does that help with the 2 wheels definition?
@causticgrip No, it doesn't say "or less". "Non tandem" just means the wheels are not in line, like a bicycle. So it might include a Segway, for example. On its own section 313 does not include a OW. That's not to say there might not be another later statute somewhere else that says it applies to OWs from then on. However, look at section 313.5, which perfectly describes a OW and other boards.
and yes I went to law school
@wheelrich it exactly includes a segue way.
And it will not say less...it is implied. The key word is “Non-tandem”
Meaning 2 or less, non-tandem
@causticgrip yes, I said includes a segway. I does NOT include a OW, because it species two wheel. There is no legal inference involved here. The wording is very specific. I have argued Calif law in court, have you? But these things routinely get amended, so it will be whatever they want it to be, eventually.
stinkyface last edited by
@SteveSiz feel your pain. I'm not in your country so can't comment on Cali regs.
In my state of Australia, we got a revision to our regs when Lime rental scooters came along. I contacted the transport committee that was working on the regs and surprise they actually came up with some really simple and solid rules. Including descriptions like "1 or more wheels".....
Point of the comment is this is an existing law in a developed country and you should steer your local or state authority to this as an example of clear and functional rules for them to consider for your state.
Couldn't hurt to let them know they are not keeping up with the rest of the world. 👍
@wheelrich yeah I see that...looks like Cali fucked it’s citizens yet once again...such a beautiful state...ruined by its constituents voting in its politicians with policies that ruin it entirely...
IanJohnson last edited by
The Onewheel can be an "electrically motorized board" which is allowed up to 20mph on streetswith limits under 35mph, and on sidewalks so long as they are ridden in a manner safe for pedestrians up to 15mph. Cities are allowed to make their own, more restrictive rules if they want.
onewheelmx last edited by
@wheelrich Here's the complete text of AB-604
@onewheelmx yes, that's a bill from 2015, which among other things, added CVC 313.5 defining "electrically motorized boards". But you need to look up each of those changes in the actual statutes they created or amended in the Vehicle Code itself, to fully analyze them. The current California Vehicle Code can be found here:
Some of the items in that old bill from 2015 may have been changed in the interim. Also, cross referencing of surrounding sections, other codes, and court appellate decisions can come into play. If it were as simple as looking at a bill passed 4 years ago, anyone could be a lawyer.
Good luck with your legal analysis. BTW county law libraries are available to the public. In fact, they are intended for the public, not just lawyers.
-ps there is a FB group called Onewheel Legal Freedoms, that discusses these issues. But pay attention to the sources cited, and what state each discussion is about. It's not just California info.
Nick Sabs last edited by
Definitely worth asking a City Attorney