[Silly Little Cars] Motorcycle license not required - CVC 12804.9

Simon Barber simon at superduper.net
Fri Jul 31 09:25:08 PDT 2009


The only reason we get interceptors registered as autos is that CVC 
400(a) states that "has a partially or completely enclosed seating area 
for the driver and passenger, is used by local public agencies for the 
enforcement of parking control provisions, and is operated at slow 
speeds on public streets, is not a motorcycle."

Simon

Simon Barber wrote:
> I wanted to confirm this and did some research - Google turned this up 
> (I read the California vehicle code - this is right):
>
> The confusion begins with how the California Vehicle Code (CVC) 
> defines a motorcycle.  CVC Section 400 (a) reads, "a 'motorcycle' is 
> any motor vehicle having a seat or saddle for the use of the rider, 
> designed to travel on not more than THREE wheels in contact with the 
> ground...".  Because this definition of a motorcycle includes the 
> wording "not more than THREE wheels" most conclude that a M1 
> endorsement must be required.
>
> If you dig further, CVC Section 12804.9 defines what vehicles can, and 
> cannot be operated with a Class C license.  This section specifically 
> states that the operation of  a TWO-WHEEL motorcycle or a TWO-WHEEL 
> motor-driven cycle" is prohibited under a Class C license thus 
> requiring an M1 Endorsemement to operate these vehicles.  Because CVC 
> Section 12804.9 DOES NOT exclude a "THREE-WHEEL" motorcycle, it can be 
> operated with a Class C license. 
> The last piece of confirmation comes in the section describing the M1 
> Endorsement in which it states that an M1 endorsement is required to 
> operate "a TWO-WHEEL motorcycle or a motor-driven cycle."  It does not 
> state an M1 Endorsement is required to operate a "THREE-WHEEL" 
> motorcycle.
>
> Simon*
> *
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