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

[Mike Aisenfeld]

Yes.  Simon is completely right.  As I understand it that was put into place so meter maids would not be required to have a motorcycle license, so when the vehicle goes into priate service, it should be a motorcycle.  This is my and I suppose all of our arguements with Sacramento as they are interpretting it differently.



----- Original Message ----
From: Simon Barber <simon at superduper.net>
To: Silly Little Email List <silly_little_cars at lists.sillylittlecars.com>
Sent: Friday, July 31, 2009 9:25:08 AM
Subject: Re: [Silly Little Cars] Motorcycle license not required - CVC 12804.9

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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