Federal Law for Motor Assisted bicycles .

Not true- other way around if there is a true conflict between the laws.

However, in practice what happens is that unless the federal law, or state law states that it preempts other law or is regulating in an arena that gives that level of government exclusive authority, a more strict law can be enforced by a smaller governmental unit. Then the more strict rule applies.

Here is an illustration. If a state law said this: "Bicycles with engines at 2hp or below which do not exceed 25 mph may be operated without registration", but a local law stated: "bicycles cannot be operated on the roads in the village of Squaresville." The more strict law applies because the state law only speaks to registration and does not state that towns cannot make other limitations. Clearly, however, towns could not require registration.

However, states may pass laws that state something like: "Bicycles with engines at 2hp or below which do not exceed 25 mph may be operated on the roads of this state." Then a local givernment cannot conflict with that law and any local law which purports to conflict with it is invalid. Local laws could not say the motorized bicycle cannot operate on their streets because the state already says they can. The is an implication that local laws are preempted. Beware, however, that there may be a statement, either in the same statute or in another that says: "Notwithstanding any provision....municipalities may regulate the use of motorized bicycles within their limits." That is the state giving power to the local government, not being overridden by the local law.

As for the federal laws above...I am getting a little tired of the misinformation all over the place. All those laws have to do with is the manufacturing standards the item must meet to be imported or sold. They do not make anything legal or illegal for use on any road anywhere. That is not the purpose of those regulations

Individual states may choose to reference those regulations in defining what can operate on their roads, but they are under no obligation to do so. Definition of what vehicles may operate intrastate (as opposed to interstate) is a state law issue. There is some doubt as to whether it would even be Constitutional for the federal government to make a law the instructed that motorized bicycle would be legal to operate anywhere across the country.

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1998 law school graduate
Member of the state bar of Indiana since 1998
Admitted to practice in several federal courts since 1998
Undergraduate and law school adjunct Professor of Law since 2004
Motorbiker since 2007

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29/10ths cubic inches of raw power.
HoughMade at WIRED.com: http://www.wired.com/cars/coolwheels...memade_bicycle

Thanks Ozzy, I could never remember the way that goes.

Locals then CAN make idiotic laws like "No scooters or motorcycles under 150cc".

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If it ain't broke, and you mess with it long enough, it will be.

HoughMade & Bikeguy Joe - I may have went a little far when I said, local laws trump state. Until they local laws, or any laws,are tested in the courts... they can run a muck.

Coincidentally, I will be attending a B-Day party where (if I have my in-laws straight) the former head of the bar association of NY and/or the NY state attorney general will be there. If the opportunity arises I will ask who has the trump card.

Please ask! I could have stated my point more simply by saying that if there is no conflict between the laws, the most specific and strict law applies no matter whether federal, state or local. Local laws are normally the most strict. In addition, courts try not to find conflicts between different laws (sometimes closing their eyes to clear conflicts), so that there are inconsistent and sometimes illogical results.

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29/10ths cubic inches of raw power.
HoughMade at WIRED.com: http://www.wired.com/cars/coolwheels...memade_bicycle

Houghmade - I was merely thinking it would be an interesting topic of conversation. Unfortunately he is not the guy that I thought. I had him mixed up with his brother. Now I have no motivation to attend

Houghmade

Please see my thread on NYS law in this section. What do you do when DMV in your state spreads misinformation? "Law against putting a motor on a bike frame". I can't find anything in NYS Law.

Please don't tell me try ridding it in the Suburbs and find out!!!

Thanks for your post regarding Federal Law. One quick question tho. If the Feds don't consider ht's a motor vehicle how could we be charged under State DMV law???

----Marty----

Here in California, the DMV's main concern is to have your MB registered as either as a home built vehicle or as a motorized bicycle or moped. (It depends on who you talk to at the office. I had to finally show them the MB before the lady decided to give me the form for a built vehicle. But another lady told me otherwise. I think they just really wanted my $27.) Just remember that we have to follow 2 sets of laws....Bicycle Law and Motor Vehicle Laws.

By the way, I have seen some vendors state that to be able to ship motors into the US, the motors need to be EPA certified. I thought that this was a farce....these motors pollute like nobody's business. Is the EPA certifying the CH motors?

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There is no moment like the now moment.

Not sure what motor you have that pollutes so much. Before you pass judgment, you really need some facts. Go here to get the facts. thanks.. Spooky Tooth Cycles - Motorized Bicycles: Gas Powered and Electric Bikes

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visit www.thatsdax.com for more !!

Fo sho'!!!!!! My Yamaha scooter smokes and my bicycle motor doesn't...go figure.

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If it ain't broke, and you mess with it long enough, it will be.

Sorry guys....didn't mean to offend anyone. I just wanted to know whether or not the EPA was regulating the Chinese motors....or any motor built to be placed on a bicycle.

thatsdax: Has anyone ever tested the "EPA" certified motors that are supposed to have a catalytic converter and compared it to the stock? There's just so much talk of the environment in the area that one has to be sure that we comply. The DMV is no help and the Federal Govt. is even less with MB's.

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There is no moment like the now moment.