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

Simon Barber simon at superduper.net
Fri Jul 31 09:57:59 PDT 2009


Tell the DMV to look up CVC 400(a):

400. (a) A “motorcycle” is ( )^1 a 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( )^2 .

And the reason it's previously registered as an auto is:

400. (d) A three-wheeled motor vehicle that otherwise meets the 
requirements of subdivision (a), 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. However, 
a motor vehicle described in this subdivision shall comply with the 
applicable sections of this code imposing equipment installation 
requirements on motorcycles.( )^4

Now - where's the best place to get insurance again? I'm having trouble 
adding another driver and 2 interceptors to my scooter policy @ Geico.

Simon


Dan Das Mann wrote:
>
> You must have a lot of time on your hands! Thanks for clarifying for 
> the team... but how do we fix sacramento. They have caused a great 
> deal of trouble.
>
>> On Jul 31, 2009 9:02 AM, "Simon Barber" <simon at superduper.net 
>> <mailto:simon at superduper.net>> 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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